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Uganda president declines to sign queerphobic bill

Measure sent back to Parliament for review

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Uganda, gay news, Washington Blade
(Public domain photo)

Ugandan President Yoweri Museveni has refused to sign the country’s infamous “Sexual Offenses Bill” that Parliament approved in May, on grounds that it details offenses already covered by pre-existing laws. 

“President Museveni has rejected to assent to the Sexual Offenses Bill, saying many provisions are redundant and already provided for in other legislations,” the Daily Monitor reports. “Deputy Speaker of Parliament Anita Among made the communication to the House …”

The bill has been returned to the Parliamentary Committee on Legal Affairs for review “to address the redundancies.”

Although this is a positive development for LGBTQ Ugandans and activists, the East African country is embroiled in harsh queerphobic sentiment institutionally. And there still exists a culture that makes it unsafe to live in Uganda as a queer person.

The Washington Blade spoke with Ikechukwu Uzoma, staff attorney for RFK Human Rights, and Adrian Jjuuko, executive director of Human Rights Awareness and Promotion Forum (HRAPF), before Museveni’s announcement about the details of the Sexual Offenses Bill and how its enactment could reshape Uganda’s LGBTQ landscape.

What is the Sexual Offenses Bill?

The Sexual Offenses Bill, which MP Monicah Amoding originally introduced in 2015, “seeks to consolidate laws relating to sexual offenses and provide procedural and evidential requirements during trial of sexual offenses and proposes several measures to check among others, sexual harassment in schools by guardians or teachers.”

The bill would also criminalize same-sex relationships and sex work.

“The laws were passed … reiterating sections of legislation first enforced in the country by British colonial rule,” the Guardian reports. “They condemn same-sex couples who perform acts deemed against the ‘order of nature’ to 10 years’ imprisonment.”

OutRight Action International also notes “same-sex relations have been criminalized in Uganda since British colonial times in sections 145 on ‘unnatural offenses’ and 148 on ‘indecent practices’ of the Penal Code, with a maximum sentence of life in prison foreseen. Clause 11 of the Sexual Offenses Bill further confirms this existing criminalization.”

Parliament passed the bill in May of this year. Questions regarding its legitimacy rose among LGBTQ individuals and activists as Museveni won his sixth presidential term and new MPs were sworn in.

“[When the bill was enacted], that was a time when Parliament was coming to an end, before we went into elections and [installed] a new Parliament,” said Jjuuko. “So when the new Parliament was sworn in, there was a question around what the actual legal status of a bill was that had been passed by Parliament, but not signed by the president.” 

Although the proposed legislation went through an “in limbo” phase and was not fully bonafide, Jjuuko said Ugandans treated the legislation as if it were fully implemented. 

“In Uganda, the law matters, but it also doesn’t. In other words it doesn’t matter what the situation is. With what the law right now is, the persecution of LGBT people will remain,” said Jjuuko.

Jjuuko further mentioned that when politicians have legislative ideas, they campaign for them in Parliament discussions and media appearances, thereby signalling to the country’s population the seriousness of whatever ideas they propose. Additionally, the word “bill” in Luganda, the country’s local language, has the same translation as the word “law.” 

These campaigns, coupled with the lack of a clear distinction between a bill and law in Luganda, create a general culture where the country’s population will behave as if it were an instituted law, regardless of whether it has been signed or not.

In response to what this means for law enforcement officials and how they would treat LGBTQ citizens, Jjuuko said that police officers rely on a new form of LGBTQ persecution: Charging individuals with committing “negligent acts.”

“The police, who should know better, usually charge people with either an existing offense or some new offense,” said Jjuuko. “There’s now a new trend in Uganda [where police officers] charge someone with negligent acts of spreading disease infections, and this comes from provisions in the old penal code which is not even about COVID-19. It just [resurfaced when the pandemic began].” 

Jjuuko also said the police are aware that they’re unable to charge an individual with “carnal knowledge.” They hence resort to charges of participating in intimate acts that can spread disease infections. So, even though general conversations focus on minimizing the spread of COVID-19, the larger picture depicts a commercial campaign to curb LGBTQ rights in Uganda.

This has led to an increase in mass arrests of LGBTQ individuals, with 44 people being arrested as recently as June, and consequently being charged with breaching pandemic restrictions as they pertain to the sizes of public gatherings.

What’s next?

Now that Museveni has refused to assent the bill, it has been returned to Parliament for further review. It will be presented to him again for re-consideration. 

Jjuuko mentioned that if Museveni refuses to assent the bill once again, Parliament can enact it into a law by voting and taking advantage of what they call a “supermajority.”

In the event this happens Uzoma said, “it’s very easy, we [RFK Human Rights] just follow [Jjuuko’s] lead, and do whatever he tells us to do. [However], I think that [the bill being passed] really does change the matrix of decision making and planning.”

Uzoma further mentioned that whatever work RFK Human Rights is currently doing they will continue to do. If the bill is passed, it is inevitable that there will be more arrests and convictions. Therefore, the U.N.-style engagements that RFK Human Rights has had in the past around such detentions would continue.

Uzoma also said that the RFK Human Rights would also probably create a well-structured campaign that not only serves those in Uganda, but also covers the extraterritorial jurisdiction components detailed in the bill that would make it illegal for Ugandans to participate in same-sex relations outside of the country.

Jjuuko is certain his advocacy work will persist. 

“I know for sure that whatever happens, our work will go on. Nothing is going to stop us because I kind of feel like we’ve lived through worse,” said Jjuuko.

Jjuuko is aware of society’s progress with adopting more favorable views of the LGBTQ community and has emphasized that this has also influenced progress for Uganda.

“There’s positive continuous progress [and] they are fighting us because they know that we are winning and making progress. So, [the endless persecutions] are signs that [the government] also realizes something is wrong in their own strategy of making sure that there are no LGBTI people in Uganda,” said Jjuuko.

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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